Interim Measures of Dalian Municipality on Mediation and Arbitration of Recruitment Disputes of Foreign-invested Enterprises

Article 1 In order to reasonably resolve the employment disputes of foreign-invested enterprises and promote the further opening up of our city, these Measures are formulated in accordance with the Provisions of the State Council Municipality on Encouraging Foreign Investment and the Provisions of the Ministry of Labor and Personnel on the Employment Autonomy of Foreign-invested Enterprises and the Wages, Insurance and Welfare Expenses of Employees. Article 2 Foreign-invested enterprises, with the consent of the labor department, openly recruit on-the-job employees in Dalian municipal area, and in case of disputes with their original units, they may conduct mediation and arbitration with reference to these Measures. Article 3 The Municipal Labor Bureau is the mediation and arbitration organ for employment disputes of foreign-invested enterprises. The Municipal Labor Bureau shall, in accordance with the relevant provisions of the state and these Measures, mediate and arbitrate disputes over the recruitment of workers by foreign-invested enterprises. Article 4 For the employees who decide to be employed by foreign-invested enterprises, the original units shall actively support them and allow them to proceed from the overall situation of opening to the outside world. If the recruitment target falls into one of the following circumstances, the original company can refuse:

1. During the disciplinary action;

2 as a national key construction project and the original post is really irreplaceable;

3. The municipal labor department confirms that it is not suitable for recruitment;

4. National policies prohibit recruitment. Article 5 If the recruiter participates in technical training in technical secondary schools at the expense of the original unit for a long time before recruitment, the recruiter or the applicant shall compensate the original unit for a certain amount of training expenses. The specific amount of compensation should be based on the actual training funds, combined with the number of years of work and contribution to the unit after training, and agreed by both parties. Those who return to work in the unit for more than 5 years after training are generally not compensated.

Training fee. Article 6 If the recruitment target belongs to contract workers, and the contract term is not full, it shall be handled according to the relevant provisions of the labor contract. Article 7 Employees of foreign-invested enterprises shall no longer enjoy the welfare benefits of their original units. Article 8 In case of any dispute over the employment of laborers by foreign-invested enterprises, the Municipal Labor Bureau shall, on the basis of investigation and verification, urge both parties to settle it through mediation. If an agreement is reached through mediation, both parties to the dispute shall handle it according to the agreement. If mediation fails, both parties to the dispute can fill in the Application for Arbitration of Foreign-invested Enterprises Recruiting Workers and apply for arbitration with their own opinions. Article 9 The Municipal Labor Bureau shall make an arbitration conclusion within two weeks after receiving the arbitration application for employing workers by foreign-invested enterprises, and send the Arbitration Award for Employing Workers by Foreign-invested Enterprises to both parties to the dispute and the employing unit. Article 10 If both parties to the dispute still fail to implement the arbitration resolution within 15 days after receiving the dispute award on the recruitment of workers by foreign-invested enterprises, the Municipal Labor Bureau may approve their resignation according to the requirements of the target of recruitment, and the previous length of service of the workers after being hired by foreign-invested enterprises shall be continuously calculated. Eleventh approach by the Municipal Labor Bureau is responsible for the interpretation of. Article 12 These Measures shall come into force as of the date of promulgation.